NZQA registered unit standard 26907 version 1 Page 1 of 4 Title Demonstrate knowledge of business structures and arrangements, and corporate liability, as a compliance practitioner Level 4 Credits 4 Purpose This unit standard is intended for people who work in compliance roles in public sector organisations. People credited with this unit standard are able to demonstrate knowledge of business structure and arrangements; describe corporate liability in a compliance environment; and explain how a compliance practitioner’s awareness of business structures and arrangements and/or corporate liability may be applied. Classification Public Sector Compliance > Public Sector Compliance Operations Available grade Achieved Explanatory notes 1 Legislation applicable to this unit standard may include but is not limited to: Interpretation Act 1999; Companies Act 1993; State-Owned Enterprises Act 1986; Charitable Trusts Act 1957; Incorporated Societies Act 1908; Partnership Act 1908; and specific legislation mandating the powers and duties of persons carrying out a compliance role in an organisation with respect to its compliance role and/or any other legislation applicable to a particular compliance situation (e.g. Fisheries Act 1996, Resource Management Act 1991). Legislation includes any applicable subordinate legislation such as regulations, bylaws, and licence conditions. Any legislation superseding any of the above will apply for the purpose of assessment. 2 Demonstration of knowledge and skills must be consistent with any applicable code or codes of conduct such as the New Zealand State Services Code of Conduct, Standards of Integrity and Conduct (available from http://www.ssc.govt.nz) and/or any other organisation-specific code or codes of conduct. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA registered unit standard 26907 version 1 Page 2 of 4 3 Compliance practitioners, in order to carry out their roles effectively, must be able to understand business structures and arrangements in order to assist compliance subjects to comply and to ensure that their decision-making and behaviour are appropriate. They must be aware of potentially complex business structures and arrangements and correctly identify those persons who may be responsible for ensuring compliance and/or liable for breaches of legislation, and they must be able to identify business structures and arrangements that may have been set up to enable and/or mask criminal activities. 4 Definitions Compliance (role of) refers to the role, in a public sector organisation, of assessing compliance subjects’ levels of adherence with regulatory requirements and carrying out any appropriate intervention. Compliance environment refers to the physical, social, economic, political, and geographical environment that a public sector organisation’s compliance role is carried out in. Compliance investigation refers to the process of gathering and assessing information to determine facts and, thereby, to determine degree of compliance or otherwise. Compliance subject refers to a natural person or an entity that is subject, in a particular compliance context, to being regulated. Corporate liability, for the purpose of this unit standard, may include Crown liability. Intervention refers to any action, or set of actions, taken by a compliance officer to encourage compliance or to hold a compliance subject accountable for noncompliance. These may include non-sanction interventions as well as sanctions. Legal person may be a natural person or an entity, such as a limited liability company, that is treated as a person for certain purposes. Outcomes and evidence requirements Outcome 1 Demonstrate knowledge of business structures and arrangements. Evidence requirements 1.1 The concept of a legal person is explained. 1.2 Types of business structure and arrangements are explained in terms of their legal bases and purposes. Range 1.3 types of business structure and arrangements include but are not limited to – registered companies, incorporated societies, incorporated charitable trusts, partnerships, sole traders, use of trusts in business structures, Crown entities. Common roles in business structures and arrangements are described in relation to their related compliance obligations and/or liabilities. Range The Skills Organisation SSB Code 100401 includes but is not limited to – office holder, director, secretary, trustee, beneficiary, partner, executive, shareholder, member, employer, employee. New Zealand Qualifications Authority 2016 NZQA registered unit standard 26907 version 1 Page 3 of 4 Outcome 2 Describe corporate liability in a compliance environment. Range forms of corporate liability – vicarious liability for acts and/or omissions of agents, attribution of agent’s knowledge or intent to a legal person, joint liability of a legal person and an agent. Evidence requirements 2.1 Description explains forms of corporate liability. 2.2 Description identifies the forms of corporate liability in relation to compliance situations, and explains their implications in terms of compliance investigation and/or enforcement. Outcome 3 Explain how a compliance practitioner’s awareness of business structures and arrangements and/or corporate liability may be applied. Evidence requirements 3.1 Examples are provided and explained to show how a compliance practitioner’s awareness of business structures and arrangements and/or corporate liability is applied in relation to compliance situations. Range evidence of at least two examples of compliance situations is required; compliance situations in the examples must collectively encompass – assisting compliance subjects to comply, operating appropriately and effectively as a compliance practitioner, identifying persons who may be responsible for ensuring compliance, detecting unlawful activity, identifying persons who may be liable for breaches of legislation. Planned review date 31 December 2015 Status information and last date for assessment for superseded versions Process Version Date Last Date for Assessment Registration 1 15 April 2011 N/A Consent and Moderation Requirements (CMR) reference 0121 This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA registered unit standard 26907 version 1 Page 4 of 4 Please note Providers must be granted consent to assess against standards (accredited) by NZQA, before they can report credits from assessment against unit standards or deliver courses of study leading to that assessment. Industry Training Organisations must be granted consent to assess against standards by NZQA before they can register credits from assessment against unit standards. Providers and Industry Training Organisations, which have been granted consent and which are assessing against unit standards must engage with the moderation system that applies to those standards. Requirements for consent to assess and an outline of the moderation system that applies to this standard are outlined in the Consent and Moderation Requirements (CMRs). The CMR also includes useful information about special requirements for organisations wishing to develop education and training programmes, such as minimum qualifications for tutors and assessors, and special resource requirements. Comments on this unit standard Please contact The Skills Organisation Limited info@skills.org.nz if you wish to suggest changes to the content of this unit standard. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016